Friday, June 24, 2011

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I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?

1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.

2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?

______________________________

If you are e-filing, by definition you won't need to mail anything (or almost, see below)! I applied on-line for both EAD and AP, and it's really very simple. You certainly don't need to pay those ridiculous fees to an attorney for that! After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.

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sparky63

February 2nd, 2005, 09:13 PM

Ok, true. But I guess I'm still hung up on the "suggestion" (not rule, I suppose) to have more space in the direction the subject is heading or looking than to the rear of him/her/it - especially also not to center the subject. So, I'd still crop it the same, but I should have indicated better what I was thinking (not a tight crop, which is probably what it sounded like I meant).

All, I really appreciate your help and suggestions. I plan to submit both 'Solitary' and 'Father and Son' (I can submit up to 3 photos).

jliechty, is this what you were thinking:

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Steven-T

February 23rd, 2004, 07:33 AM

So close, So close Scott, here's goes the B&H 10 rated used 10D and 1Ds again. Why B&H have to sell this at such a premium of $6,030 above that of Adorama's $5,200? Are they supposed to be married couples, or, at least civil union?

Steven

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mmk123

10-01 08:26 AM

waitingnwaiting, what a useless attempt to further divide EB community?

I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.

The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..

Thanks, this is me, I am asr. member, I just have been away for a while due to work

Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

1- Approximate PERM processing times (from filing time) for EB2 The time it takes to file your paper work depends on the lawyer and company.

The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

2- Approximate I-485 and I-140 processing times from filing date for EB2 For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

So the answer is, it depends.

4- Are I-140 and I-485 still being filed concurrently?

Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

Hope this helps!

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number30

10-31 04:06 PM

Hello Number30,

For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.

Yes I thought the same. I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year? That year he was laid off and had very little income So he took the money.

That's what I am suggesting. Look back the first reply message. One doesn't gain authority and yell on others just because the person attended the rally.

Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.

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saloni

07-18 02:28 PM

I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status. My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do. He has asked me to change my status to H4 and work on EAD.

Can I work on EAD without filing H1B-H4.

or After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer. Will this affect anyhow on my chances of approval of my AOS?

As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current. Disclaimer: I am not a lawyer so don't make any decision based on my information.

Hello guys,

First of all thank you very much for your answers in advance.

I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

So, here are my questions:

Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!

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martinvisalaw

04-19 02:37 PM

USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)

************** Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption

Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.

Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.

Extend My Stay

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

* You were lawfully admitted into the United States with a nonimmigrant visa * Your nonimmigrant visa status remains valid * You have not committed any crimes that make you ineligible for a visa * You have not violated the conditions of your admission * Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the following categories:

* Visa Waiver Program * Crew member (D nonimmigrant visa) * In transit through the United States (C nonimmigrant visa) * In transit through the United States without a visa (TWOV) * Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa) * Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.

Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.

Regards

Now my situaion is: I have the receipt for H4 status change from F1, my employer has applied for my H1B in premium processing today (Apr 3), so that means I would be getting the H1B approval hopefully by the third week of April but in my understanding the I-94 for H1B will be valid from October 1 only while my H4 I-94 will be valid right after I get the approval (probably sometime in May).

In this case, do I still have to go back in my country to validate my H1B I-94 given that H1B is valid from Oct 1?

Please suggest me. I am getting really tensed.

Thank you.

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immigrationSantosh

02-08 04:29 PM

I found one group - EmployementLawGroup.net And they are asking me - $195 for a 30 minute phone consultation - $395 for a 60 minute phone or in-office consultation I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them. For the time being I'm going ahead with them - If you guys know please advise me. ( I'm really not earned/earning much )

Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.

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cheg

08-21 05:07 PM

I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...

internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.

JazzByTheBay, Thanks for your response.

I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.

Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.

Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.

As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.

The clear answer is: We are doing this rally to get greencards. Do you want to get it or not? If yes, then come. If no, then go back to where you came from.

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chandra_mb

03-10 12:55 PM

H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer "NO"

Nurses come under schedule A which is completely different Main point---

Nurses is completely a different cap and category.

Thanks for your reply, I do understand the process - sponsor-LCA etc.., I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet. Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.

IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public. Some more names will be announced in the near future if others associated with IV agree. These are top leaders in administration, industry, research and advocacy. We have been happy and fortunate to have them with Immigration Voice. We thank all IV members for supporting IV due to which we could make IV a nationally respected organization and a voice of legal high-skilled community. Its time for us now to work together and achieve our goals.

Please watch the homepage for information about these leaders.

The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94

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sunny1000

01-01 06:16 PM

Dear fellow IV'ians,

I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year. {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

congrats! Wish you and all IVans a very Happy 2009!

fcres

06-27 10:54 AM

I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485? I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

nvmurali

06-02 04:20 PM

You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

This is not legal advise - a lawyer consultation is highly recommended.

I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)